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[TowerTalk] CC&R's

To: <>
Subject: [TowerTalk] CC&R's
From: (Fred Hopengarten)
Date: Wed, 30 Apr 1997 11:37:04 EDT
Fred Hopengarten K1VR
Six Willarch Road, Lincoln, MA 01773-5105
Lifetime e-mail address:

On Mon, 21 Apr 1997 18:02:21 -0400 (EDT) Terry Dunlap
<> writes:
>I will begin house hunting in a couple of weeks.  Can someone give me
>a checklist of documents that need to be inspected and the easiest way
>to get access to these documents.  
>73 de Terry KK6T

              Dayton HamVentiontm Legal Forum
                       April 30, 1995
                        May 26, 1996
                   Documents You May Need

                Fred Hopengarten, J.D., K1VR
                       Copyright 1996
     Experience has shown that it is useful collect the
following documents before applying for a permit for your
"antenna support structure and appurtenant antennas."
Please don't call it a tower, as Federal (and some state)
law protects antenna structures (the words found in the
law).  There is no need to muddy the waters by using a
different description of the project.

As Background

*    An original, recent, copy of your town's zoning by-law,
     and any amendments not included in the printed,
     compiled text.  DO NOT -- repeat, do not rely on
     statements of the Zoning Enforcement Officer, or
     his/her secretary, as to what it says.  This is where
     you will find height and setback rules.

*    An original, recent, copy of your town's wetlands
     protection bylaw, and any regulations issued by the
     Conservation Commission.  This is where you will find
     information on jurisdiction and application procedures.

*    Two copies of any form used by the town to apply for a
     building permit or Conservation Commission proceeding.
     (Two copies allow for the possibility of an error
     requiring you to start again.)

*    If a 110 VAC line will be run out to the base of the
     tower, whether for a winch (for a crank-up tower) or
     just a place to plug in a soldering iron or light, two
     copies of any form used by the town to apply for an
     electrical permit.  (Two copies allow for the
     possibility of an error requiring you to start again.)
     Source:  The town building inspector's department.

*    The requirement of your state or local building code
     with respect to windload.  In other words, will the
     building inspector require your proposed structure to
     withstand 50 mph winds with 1 inch of radial ice?  Or
     30 pounds per square foot of windload (which translates
     as 83 mph)?  You need to know the requirement so that
     your application will match the requirement.  Source:
     State or local building code, found at either the
     building department, or town library.

As Exhibits

*    A plan showing the lots and streets in your
     neighborhood.  This will orient the Board.  It is best
     if this plan also shows where homes are located on the
     lots.  It may also be helpful to add distances to those
     homes.  Source:  Your town's planning and zoning

*    A plot plan, showing the outline of your house and the
     site of the proposed antenna support structure.  Add
     distances from the antenna support structure to the lot
     lines.  Normally, this would be the distance to each
     side lot line, and the distance to the rear lot line
     (three measurements).  Be sure that the two distances,
     from side lot line to structure and from structure to
     side lot line, add to equal the actual distance from
     side lot line to side lot line!  Consider including the
     "tree line" to show that views are blocked.  Source:
     Mortgage papers normally include a plot plan, which
     should be adequate, unless you've added on to your

*    A copy of your FCC amateur radio license.

*    A specification sheet from the manufacturer of your
     antenna support structure for your brand and model.  If
     possible, it should specify:  model number, height,
     load it will bear (weight expressed in lbs. and maximum
     windload in sq. ft. at a certain windspeed, or p.s.f.
     of air pressure).

*    Construction plans for the base and erection of your
     antenna support structure (including guying, if
     appropriate).  The more it looks like a draftsman's or
     architect's rendering, the better.  Try to get a
     version with a "dry" seal of the manufacturer's
     professional engineer printed on it.

*    A specification sheet for any proposed antenna(s),
     showing weight (expressed in lbs.) and windload
     (expressed in sq. ft.).

*    A specification sheet for the rotator, showing weight
     (expressed in lbs. or kg.).

*    If you are moving the antenna system from a prior site,
     a photograph or slide, suitable for color photocopying
     and including in the application.  Suitable means a
     photo which demonstrates that an amateur radio antenna
     system doesn't create aesthetic blight.  One frequently
     used view is taken from the street in front of the
     house, at high noon (less reflection off the aluminum).

*    A letter of permission from the landlord (if the
     applicant is not the homeowner).

*    A copy of your homeowner's general liability policy, or
     at least a "cover sheet" from your insurance agent,
     stating your coverage (which may include an "umbrella"

*    Letters of support, or at least letters which express
     "no opposition to the grant of a permit," which you
     have drafted and neighbors have signed.

If you have any thoughts about this list, please send them
to: or

hamradio\articles\docs.doc.  Most recent update:  November
4, 1996.

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